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Lawyers say the Constitution was violated as laws clipping the independence of Judiciary were enacted.
The Law Society of Kenya argues that President Uhuru Kenyatta, who assented to the Statute Law (Miscellaneous Amendment) Act 2015, Attorney General Prof Githu Muigai who generated and published the bill and MPs in the legislative process did not respect, uphold and defend the Constitution.
LSK, in its pleadings filed before the High Court's Constitutional and Human Rights Division, want the Act declared unconstitutional. The society argues the National Assembly attempted to limit the powers of the Judicial Service Commission (JSC) in its exclusive role in forwarding a name to the President for appointment as Chief Justice and Deputy Chief Justice.
The pleadings drawn by Nzamba Kitonga Advocates claim the Act, which requires JSC to submit names of three persons for appointment to the position of Chief Justice and deputy Chief Justice, violated provisions of Article 166 (i).
The article says the President shall appoint CJ and DCJ in accordance with recommendation of JSC and subject to approval by the National Assembly.
LSK said the Constitution provides that any law that is inconsistent with the supreme law is null and void. LSK argues that the National Assembly effected far reaching amendments to the Act without subjecting the bill to meaningful and qualitative public participation as provided for under Article 118 (1) b of the Constitution.
LSK also argues that the National Assembly debated and passed the law without referring it to the Senate for consideration and approval, as required under Article 96 of the supreme law. Justice George Odunga certified the application as urgent but allowed the State and the National Assembly to tell its side of the story before a decision can be made.
LSK, the petitioner is expected to serve Attorney General and National Assembly within seven days.